How did Congress respond to the Supreme Court's ruling in Texas v. Johnson?
Asked by: Enid Swaniawski | Last update: February 3, 2026Score: 5/5 (63 votes)
After the Supreme Court's Texas v. Johnson ruling protected flag burning as free speech, Congress responded by passing the Flag Protection Act of 1989 to create a federal ban, but the Supreme Court quickly struck down this law in United States v. Eichman (1990) using similar reasoning, leading Congress to repeatedly attempt to pass a constitutional amendment to allow flag burning prohibitions, though these efforts have failed to pass the Senate.
What was the Supreme Court decision on Johnson v Texas?
In Texas v. Johnson (1989), the Supreme Court ruled that burning the American flag is a form of symbolic speech protected by the First Amendment, as it's a political expression and the government cannot prohibit ideas simply because they are offensive. The Court held that state laws criminalizing flag desecration violate free speech, even if the act is seen as disrespectful to the flag.
How does the outcome of the Texas v. Johnson case impact U.S. today?
The Johnson decision only affected a Texas state law. In the wake of the decision, the federal government enacted a law that also prohibited flag burning.
Did Johnson go to jail for burning the flag?
Johnson was eventually convicted under Texas' flag desecration law, which prohibited anyone from intentionally or knowingly desecrating a flag in a way they knew would seriously offend someone else. He was sentenced to a year in jail and fined $2,000.
What did the Supreme Court rule in Johnson v. United States?
In the significant 2015 case, Johnson v. United States, the Supreme Court ruled that the "residual clause" of the Armed Career Criminal Act (ACCA) was unconstitutionally vague, violating the Due Process Clause of the Fifth Amendment because it failed to provide fair notice of what conduct qualified as a violent felony, leading to arbitrary enforcement by judges. This meant a mandatory sentence enhancement under the ACCA could not be applied based on this ambiguous clause.
Texas v. Johnson (1989) Case Summary Explained
What was the Supreme Court decision on Johnson and Johnson?
Johnson & Johnson. On June 1, 2021, the Supreme Court declined to review a Missouri state court's staggering $2.1 billion punitive damages award against Johnson & Johnson. The case arose from a suit by 22 plaintiffs who alleged that the defendant's talcum powder caused them to develop cancer.
Which statement best describes the Supreme Court's decision in Texas v. Johnson?
Which statement best describes the Supreme Court's decision in Texas v. Johnson? It protected actions such as flag burning and not just spoken or written words.
Is it illegal to burn the American flag?
No. The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech. When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.
What law was Johnson accused of violating?
The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove Edwin Stanton from the position of Secretary of War and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim.
Why did Johnson believe he was allowed to burn the flag?
The court first found that Johnson's burning of the flag was expressive conduct protected by the First Amendment. The court concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity.
What happened to Johnson after burning the flag?
Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson.
Why did the Supreme Court rule that burning the American flag quizlet?
The act may seen as disrespectful. However, The Supreme Court ruled out that the burning of the flag is a form of symbolic speech that communicates a specific message and viewpoint. Thus, it is protected by the First Amendment.
What impact did the case have on flag burning?
The Supreme Court addressed flag burning in the 1989 case of Texas v. Johnson. A 5-4 majority held that states cannot enact blanket bans on flag desecration because, under some circumstances, flag burning is a form of symbolic speech protected by the First Amendment.
How does the Texas v. Johnson case affect us today?
The Court rejected offensiveness as a valid reason to prohibit speech or ideas and held that actions used to express ideas cannot be banned just because the idea they are expressing is offensive.
What was the main reason the Texas Court of Criminal Appeals reversed Johnson's conviction for flag desecration?
The Texas Court of Criminal Appeals reversed Gregory Lee Johnson's conviction, ruling that burning the flag was symbolic speech protected by the First Amendment, as the state couldn't mandate feelings of national unity or prohibit offensive political expression, even concerning the flag. They found that Johnson's actions didn't incite a breach of peace and the state's interest in preserving the flag as a symbol didn't justify criminalizing this political expression.
What was the main idea of the Court case Texas v. Johnson?
In Texas v. Johnson, a divided Supreme Court held that burning the flag was protected expression under the First Amendment.
Why did Congress disagree with Johnson?
Radical Republicans in Congress did not believe Johnson's plans adequately protected the rights of freedmen and implemented their own Reconstruction measures. Johnson stubbornly resisted all congressional proposals and vetoed every Reconstruction bill Congress passed.
Who won in Texas v. Johnson?
On June 21, 1989, a deeply divided United States Supreme Court upheld the rights of protesters to burn the American flag in a landmark First Amendment decision. In the controversial Texas v. Johnson case, the Court voted 5-4 in favor of Gregory Lee Johnson, the protester who had burned the flag.
What does burning a flag symbolize?
Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War.
Is it illegal to fly a ripped American flag?
Can You Fly a Tattered American Flag? The short answer is “no,” flags that display tears or appear worn down in a significant way should not be hoisted under any circumstances, according to the U.S. Department of Veterans Affairs.
Can I burn an American flag to dispose of it?
According to the resolution, "The approved method of disposing of unserviceable flags has long been that they be destroyed by burning." The U.S. flag is considered such a sacred symbol that burning it in an undignified manner constitutes desecration. That's why the ceremonies are held in a specific manner.
What was Johnson's punishment for burning the flag?
Texas Court of Criminal Appeals affirmed. Activist Gregory Lee Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas, and was fined $2,000 and sentenced to one year in jail in accordance with Texas law.
Has the Supreme Court decision in Texas v. Johnson served as for later free speech cases?
In Texas v. Johnson, 491 U.S. 397 (1989), the Supreme Court struck down on First Amendment grounds a Texas flag desecration law. The 5-4 decision has served as the center point of a continuing debate regarding the value of free speech as exercised through the burning of the U.S. flag as a form of political protest.
Who wrote the majority decision in Texas v. Johnson?
majority opinion by William J. Brennan, Jr. In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature.
Which of the following correctly explains how the Supreme Court's decisions in Texas v. Johnson and United States v. Eichman contributed to the right?
Johnson and United States v. Eichman greatly contributed to the right of freedom of speech. Specifically, these cases validated that the act of flag burning can itself be a form of speech and thus, is protected under the First Amendment, regardless of the offensive nature of the act to many citizens.